RCW 31.04.125
Loan restrictions—Interest calculations.
(1) No licensee may make a loan using any method of calculating interest other than the simple interest method; except that the add-on method of calculating interest may be used for a loan not secured by real property or personal property used as a residence when the repayment period does not exceed three years and fifteen days after the loan origination date.
(2) No licensee may make a loan using the add-on method to calculate interest that does not provide for a refund to the borrower or a credit to the borrower's account of any unearned interest when the loan is repaid before the original maturity date in full by cash, by a new loan, by refinancing, or otherwise before the final due date. The refund must be calculated using the actuarial method, unless a sum equal to two or more installments has been prepaid and the account is not in arrears and continues to be paid ahead, in which case the interest on the account must be recalculated by the simple interest method with the refund of unearned interest made as if the loan had been made using the simple interest method. When computing an actuarial refund, the lender may round the annual rate used to the nearest quarter of one percent.
In computing a required refund of unearned interest, a prepayment made on or before the fifteenth day after the scheduled payment date is deemed to have been made on the payment date preceding the prepayment. In the case of prepayment before the first installment due date, the company may retain an amount not to exceed one-thirtieth of the first month's interest charge for each day between the origination date of the loan and the actual date of prepayment.
(3) No licensee may provide credit life or disability insurance in an amount greater than that required to pay off the total balance owing on the date of the borrower's death net of refunds in the case of credit life insurance, or all minimum payments that become due on the loan during the covered period of disability in the case of credit disability insurance. The lender may not require any such insurance.
(4) Except in the case of loans by mail, where the borrower has sufficient time to review papers before returning them, no licensee may prepare loan papers in advance of the loan closing without having reviewed with the borrower the terms and conditions of the loan to include the type and amount of insurance, if any, requested by the borrower.
[ 2007 c 208 § 1; 1995 c 9 § 1; 1991 c 208 § 13.]
Structure Revised Code of Washington
Title 31 - Miscellaneous Loan Agencies
Chapter 31.04 - Consumer Loan Act.
31.04.025 - Application of chapter.
31.04.027 - Violations of chapter.
31.04.035 - License required—When violation occurs.
31.04.045 - License—Application—Background checks—Fee—Surety bond.
31.04.055 - License—Director's duties.
31.04.065 - License—Information contained.
31.04.075 - Licensee—Place of business.
31.04.085 - Licensee—Assessment—Bond—Time of payment.
31.04.105 - Licensee—Powers—Restrictions.
31.04.115 - Open-end loan—Requirements—Restrictions—Options.
31.04.125 - Loan restrictions—Interest calculations.
31.04.135 - Advertisements or promotions.
31.04.143 - Subpoena authority—Application—Contents—Notice—Fees.
31.04.155 - Licensee—Recordkeeping—Director's access—Report requirement—Failure to report.
31.04.165 - Director—Broad administrative discretion—Rule making—Actions in superior court.
31.04.168 - Director—Powers under chapter 19.144 RCW.
31.04.175 - Violations—No penalty prescribed—Gross misdemeanor—Good faith exception.
31.04.202 - Application of administrative procedure act.
31.04.205 - Enforcement of chapter—Director's discretion—Hearing—Sanctions—Recovery of costs.
31.04.208 - Application of consumer protection act.
31.04.211 - Application of chapter—2009 c 120.
31.04.221 - Mortgage loan originator—License required—Unique identifier required.
31.04.224 - Licensing exemptions—Residential mortgage loans.
31.04.227 - Mortgage loan origination—Independent contractors.
31.04.231 - Individual loan processor—Licensing exemptions.
31.04.234 - Mortgage loan originator license—Application form and content.
31.04.237 - Use of nationwide mortgage licensing system and registry.
31.04.244 - Mortgage loan originator application—Required information—Fees.
31.04.247 - Issuance of mortgage loan originator license—Necessary findings.
31.04.251 - Mortgage loan originator license—Renewal—Surrender—Rules.
31.04.254 - Mortgage loan originator licensing process—Rules—Interim procedures.
31.04.257 - Mortgage loan originator interim license.
31.04.261 - Mortgage loan originator—Prelicensing education requirements.
31.04.264 - Mortgage loan originator—Testing requirements.
31.04.267 - Mortgage loan originator—Continuing education requirements.
31.04.271 - Mortgage loan originators—System information may be challenged.
31.04.277 - Consumer loan companies—When reports of condition are required.
31.04.281 - Reports of violation—2009 c 120.
31.04.284 - Mortgage loan originator—Unique identifier—Display.
31.04.290 - Residential mortgage loan servicer—Requirements—Written detailed information.
31.04.310 - Residential mortgage or student education loan servicer—Appointment of receiver.
31.04.410 - Student education loan servicer licensee.
31.04.415 - Third-party student education loan modification services—Restrictions—Requirements.
31.04.420 - Subject to student education loan servicer requirements—Exempt from licensing.
31.04.430 - Dog or cat purchase contracts.
31.04.510 - Requirements of licensee—Minimum capital—Exceptions.
31.04.515 - Loan requirements—Compliance—Rules.
31.04.520 - Right to rescind transaction.
31.04.535 - Lender default—Treble damages—Civil remedies.
31.04.902 - Effective dates, implementation—1991 c 208.
31.04.903 - Effective date—2009 c 120.
31.04.904 - Effective date—2010 c 35.